8 women, 4 men comprise jury in Baltimore officer's trial

The jury was seated, opening statements were delivered and the first witness testified Wednesday afternoon in the trial of Officer William Porter, the first of six Baltimore police officers to stand trial in the Freddie Gray case.

The jury was seated, opening statements were delivered and the first witness testified Wednesday afternoon in the trial of Officer William Porter, the first of six Baltimore police officers to stand trial in the Freddie Gray case.

Eight women and four men comprise the jury, and four men will serve as alternates. The jury is made up of five black women, three white women, three black men and one white man. Three white men and a black man will serve as alternates. They were chosen from an eligible pool of almost 50 people.

Prosecutors told the jury that Porter's gross indifference and criminal negligence in failing to do his duty as an officer led to Gray's death.

Prosecutor Michael Schatzow told the jury that Porter witnessed five out of six stops the van driver made with Gray. The state said it will use testimony to prove the stops were made with CCTV and police video, witness testimony and two cellphone videos.

Schatzow discussed Porter's training as an officer, which included buckling detainees in seat belts and getting medical attention for those who ask for it. He then explained in graphic detail Gray's deteriorating condition, saying: "Mr. Gray was unconscious, dying, not breathing, heart not beating. He (Porter) still did not call for a medic."

The state said Gray could walk, run, talk and breathe when he entered the van. They said he was able to lift his neck while lying on his stomach and could bear weight on two feet, but that he couldn't do these things after the six van stops.

The prosecution repeated autopsy findings that Gray broke his neck similar to diving into shallow water. The body pressed into the neck. Prosecutors emphasized Gray didn't hurt himself by banging his head against the van wall.

The state said nothing was wrong with Gray's spine when he went into the van. The state said a medical expert will testify that Gray's spine was broken between the C-4 and C-5 positions while in the police van.

The prosecution used Porter's own words against him: "He said Gray was calm, not combative. There was no reason not to put a seat belt on him unless you simply don't care."

"Six seconds is how long it would have taken to call for a medic, and all Porter had to do is press a button on his chest," Schatzow said.

"I think the prosecution did a very effective opening statement," University of Maryland Carey School of Law Professor Doug Colbert said.

The defense disagreed and disputed the prosecution's narrative.

"He had a hand on him to help him up. No seat belt? You got me there, just like all the other officers in Baltimore," the defense said.

The defense contends Gray hurt himself. Attorney Gary Proctor explained, saying Gray had "jail-itis, feigning injury to get out of going to jail."

Proctor claims Donta Allen, who was in the van with Gray the day he got hurt, told investigators "he (Gray) was trying to knock himself out. He was a crazy man. He was banging his head against the partition."

In opening statements, the defense said Porter thought Gray had an "adrenaline dump" and was fatigued after shaking inside the police van.

The defense called Porter "a cop who helped people" and said there was a rush to judgment after the riots and Porter was charged. They called Gray's death tragic and so is charging someone who didn't do it.

The defense attorney concluded by telling the court, "Let's show Baltimore the whole damn system is not guilty as hell."

The prosecution called its first witness -- Officer Alice Carson-Johnson, an 18-year BPD veteran and instructor at the police academy -- to the stand shortly after 3 p.m.

The state asked Carson-Johnson if she recalls Porter as a student. She answered yes and said he completed a three-day program on medical training.

Carson-Johnson told the jury that Porter received training on nine different occasions that covered the role of an officer when someone needs/asks for medical attention, how to assess a patient, how to determine whether someone is breathing and what to do if the patient is unresponsive.

The witness testified that the main objective of training is to ensure officer safety, then assess a patient's needs and calling 911.

Carson-Johnson testified that officers are required to call Emergency Medical Services even if a patient appears to be lying, saying it is a general responsibility of a police officer to call a medic, then assess the patient.

The defense claims Porter was not aware of the seat belt order and painted a picture of an abbreviated academy training. During cross examination, Carson-Johnson testified that if the information taught isn't used within 3-12 months, it might be lost.

Relatives of Gray declined to talk as they left the courtroom. The Baltimore branch of the National Association for the Advancement of Colored People is monitoring the trial.

"I think it is very accurate, based on what I've heard. I know that Freddie Gray got into the van and he's now deceased," said Tessa Hill-Aston, president of the Baltimore branch of the NAACP.

Courtroom sketch by Art Lien

Baltimore City State's Attorney Marilyn Mosby arrived in court after the jury was seated. She is observing the trial.

"The public should be aware that jury selection is a critical part of a trial, and we want to take the necessary time and invoke the rule of 12 impartial jurors hearing the evidence," Colbert said.

Porter, 26, grew up in east Baltimore. He joined the police force in 2012. Porter was not the arresting officer in the Gray case, but in the year leading up to Gray's arrest, Porter made 43 arrests, according to Western District arrest records. The charges facing the arrested suspects range from shoplifting to aggravated assault. The majority of them revolve around narcotics cases.

Porter is charged with manslaughter, second-degree assault, misconduct in office and reckless endangerment in connection with Gray's death. Prosecutors say Porter did not get Gray medical assistance when he asked for it after his arrest on April 12.

Gray died a week later, which led to unrest and riots throughout the city.